Section 107 of the Copyright Act permits the reproduction of copyrighted works when done for the purpose of criticism, comments, news reporting, teaching, scholarship and research and when the balance of four factors specified in the statute weighs in favor of a finding of fairness. The four factors of fair use as enumerated are as follows:
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Four Factors of Fair Use |
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Purpose and Character of the Use
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Amount & Substantiality of the Portion Used
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Nature of the Copyrighted Work
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Effect of the Use on the Market
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No one factor is weighed more heavily than another, although courts, over time, have seemingly given more attention to one factor over the others. Further, the Copyright Act does not specify what quantity or quality of a work constitutes fair use; however, various non-profit and educational groups have adopted "rules of thumb" for fair use determinations (e.g. "rule of five" of the CONTU Guidelines). Remember, these "rules of thumb" do not guarantee a finding of fair use. Application of the factors is always the best practice.